Sub:
Partial amendment of Import procedure relating to and fro
movement of containers from docks to Container Freight Stations set up both by
M/s Central Warehousing Corpn. and M/s. Balmer Lawrie & Co. Pvt. Ltd. –
regarding.
Attention of the Importers, Clearing Agents, Steamer Agents and all other
concerned is invited to this Custom House Public Notice No. 91/94 dt.31-5-94 and
105/94 dt. 1-11-94 notifying the procedure for to and fro movement of containers
of the container Freight Stations set up by M/s. C.W.C and M/s.Balmer Lawrie
& Co. Pvt. Ltd.
In order to further streamline the existing procedure for to and fro movement of
the containers in both the Container Freight Station, the following
clarification is provided with reference to the Public Notices under reference.
That it will be mandatory on the part of the Steamer Agents to move the
Containers to CFS of M/s. C.W.C and M/s. Balmer Lawrie & Co. Pvt. Ltd. only
if there is a request to that effect from the consignee directly for through
their Custom House Clearing Agent. In case no such request or application has
been received by the Steamer Agents from the consignee or their CHA within 15
(fifteen) days from the date of discharge of the loaded container, it will be
left to the discretion of the Steamer Agents to either de-stuff the container
within the Dock premises or to move it further to CFS of M/s. C.W.C or M/s.
Balmer Lawrie & Co. Pvt. Ltd. In other words, it will be entirely left to
the discretion of the Steamer Agent/Shipping Line to deal with the FCL container
in case the consignee or their CHA have not approached them for the purpose of
either de-stuffing at the Port premises or for moving it further to container
Freight Stations.
2.
In case the consignee or their Custom House Agent have approached the Steamer
Agent for de-stuffing their FCL container at the Port area or for moving it to
CFS of M/s. CWC or M/s. Balmer Lawrie & Co. Pvt Ltd., further action
will be taken by Steamer Agent as per existing procedure.
3.
If the consignment is not cleared for either home consumption or for warehousing
within a period of 30 (thirty) days, the custodian of the containers is
empowered to dispose of the same in terms of the provisions of Sec. 48 of the
Customs Act, 1962, after obtaining prior approval from the Customs. In this
regard, the Customs shall assist container Freight Stations in the valuation of
the uncleared goods.
4.
In case the FCL container cannot be immediately cleared on account of some
investigation or adjudication proceedings. The FCL container shall be de-stuffed
with prior approval of Customs and for that purpose, M/s. CWC, M/s. Balmer
Lawrie & Co. Ltd. and Calcutta Port Trust, as the case may be, will provide
necessary space for safe custody of de-stuffed goods. In any case, the container
shall be released after de-stuffing, within a period of 2 (two) months.
5.
The existing ratio of sharing of the sale proceeds of cargo between the
custodian and the Customs @ 50 : 50 as is the case with the Calcutta Port Trust
will also apply to M/s. CWC and M/s. Balmer Lawrie & Co. Ltd. as a rough and
ready method, except in cases where duty payable has been quantified. In the
latter event, it is the duty payable that should be apportioned from the sale
proceeds and credited to Customs by the custodian.
sd/-
( A. K. RAHA)
Commissioner of Customs
Custom House, Calcutta
F.No.
S37(Misc.)-142/99P
Date : 03.01.2000
